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RE-VISITING the FRAUD ACT 2006 – a STEP TOO FAR? Hannah Willcocks
RE-VISITING THE FRAUD ACT 2006 – A STEP TOO FAR? Hannah Willcocks Brought into force on 15th January 2007,1 the Fraud Act 2006 (‘the Act’) has now been part of the criminal law of England and Wales for over 12 years. Through the introduction of a new general offence of fraud, its aim was to improve the law by making it: a. more comprehensible to juries, especially in serious fraud trials; b. a useful tool in effective prosecutions; c. simpler and therefore fairer; and d. more flexible so able to encompass all forms of fraud 2 and “deal with developing technology”.3 Following the Act’s implementation, it has generally4 been accepted5 that the Act has managed to overcome the vast majority of the difficulties previously encountered with the old offences of deception.6 In 2012, in its Post-Legislative Assessment of the Fraud Act 2006, the Ministry of Justice (‘MoJ’) concluded that the aims and objectives of the 1 The Fraud Act 2006 (Commencement) Order 2006 (SI 2006/3200). 2 Law Commission, Fraud (Law Com No 276, Cm 5560, 2002), para 1.6. 3 Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004) p. 5. 4 For a contrary view see Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger, Arlidge and Parry on Fraud (5th edn, Sweet & Maxwell 2016) 44, para 3-005. 5 See e.g. Simester and Sullivan’s Criminal Law, Theory and Doctrine (5th edn, Hart Publishing Ltd 2013) 610; Andrew Ashworth & Jeremy Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) 405; Carol Withey ‘The Fraud Act 2006 – some early observations and comparisons with the former law’ (2007) 71(3) Journal of Criminal Law, 220 – 237, 228 – 236; Nicholas Yeo, ‘Bull’s-Eye’, 157 NLJ 212 & 418. -
Principles of Criminal Liability
Criminal Law G153 PPRINCIPLES OF CCRIMINAL LLIABILITY 22:: Mens Rea By the end of this unit, you will be able to: Explain what is meant by the term ‘mens rea’ and illustrate your explanation with cases Understand what is meant by the terms: o Direct intent, o Oblique intent, o Specific & basic intent. Explain the current legal test for recklessness, and understand how the test evolved. Explain the scope of the doctrine of transferred malice and how the courts have developed the concept of coincidence. You will also be able to evaluate: The development of the law on oblique intent and the proposals for reforming it. The limitations of the doctrines of coincidence and transferred malice. Homework During this unit, you will be set the following. In completing homework, you will be expected to do your own research and supplement your own notes. This is essential to show understanding. 1. Complete Homework Sheet (2) 2. Complete Case Cards for Actus Reus and Mens Rea. End of Unit Assessment As with AS, you will sit a DRAG test on elements, but this will be done at the end of this unit. You will also complete the following problem question (from Part B of the exam), which we will plan in lesson time, and you will then write up in timed circumstances as your termly assessment. Wayne belongs to a terrorist organisation. He telephones the police to say that he has placed a bomb in a van on Westminster Bridge and confirms that it is timed to explode in fifteen minutes. The police telephone operator mistakenly thinks that Wayne has said 'fifty minutes' and immediately communicates this information to his superior officer. -
Volume 25, 2016 D Nott-Law Jnl25 Cover Nott-Law Cv 25/07/2016 13:18 Page 2
d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 1 N O T T I N In this issue: G H A M L Helen O’Nions A EDITORIAL W J O U R N A ARTICLES L How Many Contracts in an Auction Sale? James Brown and Mark Pawlowski NOTTINGHAM LAW JOURNAL The Legal Prospective Force of Constitutional Courts Decisions: Reflections from the Constitutional Jurisprudence of Kosovo and Beyond Visar Morina Journal of Nottingham Law School Don’t Take Away My Break-Away: Balancing Regulatory and Commercial Interests in Sport Simon Boyes The Creative Identity and Intellectual Property Janice Denoncourt THEMATIC ARTICLES: PERSPECTIVES ON THE ISLAMIC FACE VEIL Introduction Tom Lewis Articles S.A.S v France : A Reality Check Eva Brems Human Rights, Identity and the Legal Regulation of Dress Jill Marshall No Face Veils in Court Felicity Gerry QC Face Veils and the Law: A Critical Reflection Samantha Knights The Veiled Lodger – A Reflection on the Status of R v D Jeremy Robson Why the Veil Should be Repudiated* Yasmin Alibhai-Brown 2 0 1 6 *Extract from Refusing the Veil, 2014. Published with kind permission of Biteback V Publishing, London. O L U Continued on inside back cover M E T W E N Nottingham Law School T The Nottingham Trent University Y Burton Street F I V Nottingham E NG1 4BU England £30.00 Volume 25, 2016 d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 2 Continued from outside back cover Book Reviews E Brems (ed.) The Experiences of Face Veil Wearers in Europe and the Law Cambridge University Press, 2014 Amal Ali Jill Marshall Human Rights Law and Personal Identity Routledge, 2014 Tom Lewis CASE NOTES AND COMMENTARY Killing the Parasite in R v Jogee Catarina Sjolin-Knight Disputing the Indisputable: Genocide Denial and Freedom of Expression in Perinçek v Switzerland Luigi Daniele Innocent Dissemination: The Type of Knowledge Concerned in Shen, Solina Holly v SEEC Media Group Limited S.H. -
Dolus Eventualis in South African Criminal Law
THE INTERPRETATION AND APPLICATION OF DOLUS EVENTUALIS IN SOUTH AFRICAN CRIMINAL LAW by LINUS TAMBU AWA Submitted in accordance with the requirements for the degree of DOCTOR OF LAWS in the subject Criminal and Procedural Law at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF NINA MOLLEMA NOVEMBER 2019 i Table of Contents Page DECLARATION .......................................................................................................... v ACKNOWLEDGEMENTS .......................................................................................... vi DEDICATION ............................................................................................................ vii SUMMARY ............................................................................................................... viii KEY WORDS ............................................................................................................. ix GLOSSARY OF ACRONYMS AND ABBREVIATIONS ............................................ xi CHAPTER ONE .......................................................................................................... 1 INTRODUCTION ......................................................................................................... 1 1.1 Background information ................................................................................. 1 1.2 Research problem .......................................................................................... 3 1.3 Research questions and hypotheses of study ............................................... -
Judicial Diversity
Cambridge Journal of International and Comparative Law Publication Copyright and open-access policy The Cambridge Journal of International The CJICL is an open-access publication gov- and Comparative Law is an open- erned by our publishing and licensing agree- access publication available online at ment. Any commercial use and any form of <http://www.cjicl.org.uk>. Each volume con- republication of material not covered by the sists of two or more general issues and a spe- cial issue examining the jurisprudence of the applicable license is subject to the express per- UK Supreme Court. mission of the Editors-in-Chief. Editorial Policy Contact information All submissions are subject to a double-blind Cambridge Journal of International and Com- peer-review editorial process by our Aca- parative Law demic Review Board and/or our Editorial Faculty of Law, 10 West Road Team. Cambridge, CB3 9DZ Submissions United Kingdom The journal accepts the following types of manuscript: E-mail: [email protected] (i) Long Articles between 6,000 and 12,000 Web: http://www.cjicl.org.uk words but not exceeding 12,000 words in- cluding footnotes; Typeset in Crimson and Gentium Book Basic, (ii) Short Articles not exceeding 5,000 words distributed under the terms of the SIL Open Font including footnotes; (iii) Case Notes not exceeding 3,000 words license, available at <http://scripts.sil.org/OFL>. including footnotes; and (iv) Book Reviews not exceeding 2,500 words including footnotes. Please visit our website for submission details. ISSN 2050-1706 (Print) ISSN 2050-1714 (Online) © 2013 Cambridge Journal of International and Comparative Law and Contributors This issue should be cited as (2013) 2(1) C.J.I.C.L. -
Working Party No. 3 on Co-Operation and Enforcement
Organisation for Economic Co-operation and Development DAF/COMP/WP3(2020)5 Unclassified English - Or. English 14 September 2020 DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Cancels & replaces the same document of 23 April 2020 Working Party No. 3 on Co-operation and Enforcement Cartel Criminalization and the Challenge of ‘Moral Wrongfulness’ By Peter Whelan 9 June 2020 This paper by Peter Whelan was submitted by the author as part of the background material in support of their presentation at Item 1 of the 131st meeting of Working Party 3 on Co-operation and Enforcement on 9 June 2020. This paper was not commissioned nor vetted by the OECD Secretariat; the opinions expressed and arguments employed herein are exclusively those of the author and do not necessarily reflect the official views of the Organisation or of the governments of its member countries. The document is available in PDF only. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/criminalisation-of-cartels-and-bid-rigging-conspiracies.htm Ms Sabine ZIGELSKI [Email: [email protected]] JT03465237 OFDE This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. 2 DAF/COMP/WP3(2020)5 CARTEL CRIMINALIZATION AND THE CHALLENGE OF ‘MORAL WRONGFULNESS’ Unclassified Oxford Journal of Legal Studies, Vol. 33, No. 3 (2013), pp. 535–561 doi:10.1093/ojls/gqt010 Published Advance Access April 29, 2013 Cartel Criminalization and the Challenge of ‘Moral Wrongfulness’ Peter Whelan* Abstract—There is considerable debate at present, particularly in the Member Downloaded from States of the European Union, concerning the necessity and appropriateness of imposing custodial sentences upon individuals who have engaged in cartel activity. -
Fitting the Time to the Crime: Sentencing for Homicide
Fitting the Time to the Crime: Sentencing for Homicide Nadine Baier A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (with Honours) at the University of Otago. October 2011 Acknowledgements To Geoff Hall, for your vast knowledge and expertise in this topic, and invaluable guidance throughout this year To the Law Library Staff, for all your support and good cheer To Natalie Kladnitski, for your support and well needed home cooked meals Finally to my family, for your proofreading skills and constant love and support throughout my university years ii Contents Introduction …………………………………………………………………………...1 I The History and Developments of the Sentencing Framework for Homicide……….6 A The Death Penalty …………………………………………………………6 1 The Criminal Justice Act 1954 ……………………………………...8 B The Crimes Act 1961 and Life Imprisonment …………………………….8 1 The Criminal Justice Act 1985 ……………………………………...9 C The Sentencing Act 2002 …………………………………………………11 1 The Current Sentencing Framework for Murder ………………….11 2 The Sentencing and Parole Reform Act 2010 ……………………..12 D Concluding Comments …………………………………………………...15 II Section 102: Life Imprisonment for Murder ………………………………………16 A Manifestly Unjust …………………………………………………………16 1 Life Imprisonment Manifestly Unjust – Examples ………………...17 B Relevance of Mitigating Factors …………………………………………20 1 Youth ……………………………………………………………….21 2 Guilty Plea …………………………………………………………21 3 Conduct of the Victim ……………………………………………...22 C Minimum Periods of Imprisonment ……………………………………...24 D Concluding Comments …………………………………………………...25 -
FIRST English 24 Final.Indd
Kuwait International Law School Journal Quarterly peer-reviewed Law Journal It is concerned with Publishing Legal and Sharia'a Studies and Research The first issue was published in March 2013 Volume 7 - Issue 1 - Serial Number 25 Jumada Al-Akhirah - Rajab /1440 - March 2019 Full text of the research is available in: Journal.Kilaw.edu.kw Kuwait International Law School Journal - Volume 5 - Issue 1 - Ser. No. 18 - Ramadan 1438 - June 2017 1 Editorial Board Editor - in - Chief Prof. Badria A. Al-Awadhi Managing Editor Dr. Ahmad Hamad Al-Faresi Editorial Consultant Prof. Abdelhamid M. El-baaly Prof. Seham Al-Foraih Prof. Yousri Elassar Prof. Ahmad A. Belal Prof. Magdi Shehab Prof. Amin Dawwas Dr. Abderasoul Abderidha The Journal Committee Dr. Ardit Memeti Dr. Farah Yassine Dr. Khaled Al Huwailah Dr. Ahmed Al Otaibi Dr. Yahya Al Nemer This is to certify that The Bachelor of Laws (LLB) programme offered at Kuwait International Law School is quality assured and has successfully passed a Curriculum Review with the following outcome The programme is well managed and complies with the European Standards and Guidelines (Part 1) 2015 and aligns with the QAA Subject Benchmark Statement: Law (2016). Review Conducted by The Quality Assurance Agency for Higher Education (QAA) Douglas Blackstock, Chief Executive, Quality Assurance Agency for Higher Education, UK Valid until 30 September 2023 This is to certify that The Master of Laws (LLM) programme offered at Kuwait International Law School is quality assured and has successfully passed a Curriculum Review with the following outcome The programme is well managed and complies with the European Standards and Guidelines (Part 1) 2015 and aligns with the QAA Subject Benchmark Statement: Law (2016). -
Cases and Materials on Criminal Law
Cases and Materials on Criminal Law Michael T Molan Head ofthe Division ofLaw South Bank University Graeme Broadbent Senior Lecturer in Law Bournemouth University PETMAN PUBLISHING Contents Preface ix Acknowledgements x Table ofcases xi Table of Statutes xxiii 1 External elements of liability 1 Proof - Woolmington v DPP - Criminal Appeal Act 1968 - The nature of external elements - R v Deller - Larsonneur - Liability for omissions - R v Instan - R v Stone and Dobinson - Fagan v Metropolitan Police Commissioner - R v Miller - R v Speck - Causation in law -Äv Pagett - Medical treatment - R v Sw/YA - R v Cheshire - The victim's reaction as a «ovtt.j öcto interveniens — Rv Blaue - R v Williams 2 Fault 21 Intention -Äv Hancock and Shankland - R v Nedrick - Criminal Justice Act 1967 s.8 - Recklessness -fiv Cunningham - R v Caldwell - R v Lawrence - Elliott \ C -R\ Reid -Rv Satnam; R v Kevra/ - Coincidence of acft« re«i and /nens rea - Thabo Meli v R - Transferred malice -Rv Pembliton -Rv Latimer 3 Liability without fault 56 Cundy v Le Cocq - Sherras v De Rutzen - SWef v Parsley - L/OT CA/« /4/£ v R - Gammon Ltd v Attomey-General for Hong Kong - Pharmaceutical Society ofGreat Britain v Storkwain 4 Factors affecting fault 74 Mistake - Mistake of fact negativing fault -Rv Tolson - DPP v Morgan - Mistake as to an excuse or justification - R v Kimber - R v Williams (Gladstone) - Beckford v R - Intoxication - DPP v Majewski - Rv Caldwell - Rv Hardie - R v Woods - R v O'Grady - Mental Disorder - M'Naghten's Case -Rv Kemp - Rv Sullivan - R v Hennessy -
UK Supreme Court Debate Day
UK Supreme Court Debate Day Information Pack 1 Contents 1. Introduction to the Supreme Court 2. Joint Enterprise – What is it? 3. Background Information on UKSC Joint Enterprise Cases 4. Further Case Examples 5. Your Debate 6. Debate Rules and Preparation 7. Useful Links 2 1. The UK Supreme Court The Supreme Court is the highest court in the United Kingdom. It is the final court of appeal for all civil cases in the UK (including Scotland) and for criminal cases in England, Wales, and Northern Ireland, excluding Scotland. Any decisions made in the Supreme Court sets the precedent for all of the lower courts. The Supreme Court is also the final court of appeal for devolution issues, where its role would be to see whether Scotland, Northern Ireland, and Wales are acting within their powers. These cases used to be heard by the Judicial Committee of the Privy Council. The Supreme Court was established in the Constitutional Reform Act of 2005 which sought to establish a clear separation of powers between the executive, the legislature and the judiciary. It also aimed to create a more transparent and accessible judicial process. It was in October 2009 that the judges or Law Lords were finally moved out of the Appellate Committee of the House of Lords (the former highest court of appeal) and into the newly renovated Supreme Court. There are twelve Supreme Court justices, but they do not sit on cases at the same time. Each case is usually heard by a panel of five justices. This can be increased to seven or nine justices depending on the importance or complexity of the case. -
Legal Right of Fetus: a Myth Or Fact
International Journal of Law, Humanities & Social Science Volume 1, Issue 1 (May 2017), P.P. 09-15 ISSN (ONLINE):2521-0793; ISSN (PRINT):2521-0785 Legal Right of Fetus: A Myth or Fact Md. Rafiqul Islam Hossaini LLB (Hon’s) UoL, UK; LLM (JnU); M. Phil (Researcher) (University of Dhaka) Abstract: Protection of human life has been extended to the protection of unborn child under the common law. In English law foetus has no legal right of its own until it is born alive and separated from its mother. The right to life of the unborn foetus is restricted or limited subject to the right to life of the mother. There are two types of legal liability for killing a child which subsequently dies after birth. They are: (1) Criminal liability (murder or manslaughter) and (2) Civil liability (medical negligence). Moreover, for killing an unborn child in the womb or damaging a foetus in the womb potential specific liabilities may arise both in the UK and Bangladesh. Apart from this, for considering the legal rights of foetus, the common law defence of necessity is a significant issue and a matter of academic debate. Keywords - legal right of fetus, criminal liability, civil liability, specific liabilities, defence of necessity Research Area: Law Paper Type: Research Paper 1. INTRODUCTION The word foetus or fetus is derived from the Latin word fētus, which means “offspring” or “bringing forth” or “hatching of young”. The literal meaning of foetus is “an unborn or unhatched vertebrate in the later stages of development showing the main recognizable features of the mature animal”. -
Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of
Abolishing Australia’s Judicially Enacted Sui generis Doctrine of Extended Joint Enterprise * Victoria B. Wang Abstract In this paper it is argued that the decision in Miller v The Queen [2016] HCA 30 is not supported by the common law precedents in Australia nor the historical English precedents. It is argued that the change of normative position theory invoked by the majority judges is just stated as a rule rather than as a positive justification, which is an assertion that has never been developed into a plausible theory. Moreover, the policy considerations cannot work as convincing justifications for extended joint enterprise liability. It is submitted that assisting/encouraging is normatively different from and less harmful and dangerous than perpetration; and that making an assister/encourager fully liable for the target crime goes against principles of fair labelling and proportionate punishment. It is further submitted that the unfairness and injustice in complicity liability is doubled in the context of extended joint enterprise showing the urgency of abolition of it in Australia. I Introduction Arguably, a doctrine of ‘extended joint enterprise’ was enacted by judicial fiat in Australia in 1995.1 It appears the judges deciding McAuliffe v The Queen were * Lecturer, School of Law, University of Surrey, United Kingdom. 1 McAuliffe v The Queen [1995] 183 CLR 108. The majority judges in Miller v The Queen [2016] HCA 30, para 2 acknowledge its doctrinal foundations cannot be traced beyond the 1980s when they state, ‘These criticisms were invoked in support of an application to re-open and overrule McAuliffe in Clayton v The Queen (2006).